The Jane Palmer

• Decision Date: 30 August 1921
• Citation: 275 F. 719
• Parties: THE JANE PALMER. THE SINGLETON PALMER. FRANCE & CANADA S.S. CORPORATION v. FRENCH REPUBLIC.
• Court: U.S. District Court — Southern District of New York

275 F. 719

THE JANE PALMER. THE SINGLETON PALMER. FRANCE & CANADA S.S. CORPORATION v. FRENCH REPUBLIC.

United States District Court, S.D. New York.

August 30, 1921

Kirlin Woolsey, Campbell, Hickox & Keating, of New York City (William H. McGrann, of New York City, of counsel), for the French Republic.

Patterson Eagle, Greenough & Day, of New York City (J. Culbert Palmer and C. D. Francis, both of New York City, of counsel), for claimant and cross-libelant.

MAYER District Judge.

Under date of December 28, 1920, the court filed its opinion herein. At that time the admiralty rule No. 53 was in existence. Orders, however were not submitted until after the present admiralty rule 50 was promulgated by the Supreme Court. The new rule made certain changes or additions, which are noted by underlining; said rule 50 being as follows:

'Whenever a cross-libel is filed upon any counterclaim arising out of the same contract or cause of action for which the original libel was filed, and the respondent or claimant in the original suit shall have given security to respond in damages, the respondent in the cross-libel shall give security in the usual amount and form to respond in damages (to the claims set forth) in said cross-libel, unless the court, for cause shown, shall otherwise direct; and all proceedings on the original libel shall be stayed until such security be given unless the court otherwise directs.'

In the court's opinion of December 28, 1920, ^[1] it was thought advisable to consider the broader aspect of the question of set-off and counterclaim. Now, however, it becomes necessary to examine the original libels, with a view of ascertaining the status of the claimants and the cross-libelant. The original libels plead actions in rem which are not founded on the contract pleaded by the France &amp Canada Steamship Corporation, but which are founded on a maritime lien on the specific vessels arising out of the ordinary relationship of ship and cargo. It is the law that the libelant may assert its liens independently of any ulterior contractual relationship. The New York (D.C.) 93 F. 495, and cases cited therein.

Rule 50 undoubtedly extends the scope of a counterclaim, so as to comprehend any counterclaim arising out of the same contract for which the original libel was filed. But from the wording of the rule and the contiguity of the words 'for which the original libel was filed,' it is apparent that,...